Legislation and regulations update
Legislation
Several legislative proposals introduced this year may impact the automotive repair industry. For information regarding current legislative proposals, the Bureau of Automotive Repair (Bureau or BAR) recommends contacting one of the several trade associations that represent the automotive repair industry or visiting www.leginfo.legislature.ca.gov.
Regulations
For information on regulatory proposals and to learn about future opportunities for public participation, see Regulatory actions.
Tear Down Disclosure Requirements for Automotive Repair Dealers
This regulatory proposal:
- Adds and amends definitions relating to disclosure requirements for automotive repair dealers.
- Clarifies estimate work order requirements that require a vehicle tear down.
- Sets documentation requirements for automotive repair dealers when using an estimate that is prepared by or on behalf of a third-party payor.
- Requires any towing service fee to be provided to the customer on a separate form and receive authorization separately from the repair estimate.
Status:
- Public comment period: November 1, 2024-December 16, 2024
- 15-day ublic comment period: February 7-28, 2025
- Expected adoption: These regulations are expected to be adopted and take effect on October 1, 2025
Smog Check Readiness Monitor Limits
This regulatory proposal:
- Removes outdated subdivisions.
- Prohibits a vehicle, unless the vehicle has design-related issues, from passing an OBD-II inspection if the vehicle’s OBD-II system reports not-complete readiness status. The regulation would affect Smog Check inspection criteria for gasoline-powered vehicles model-years 1996 and newer and diesel-powered vehicles model-years 1998 and newer.
Status:
- Public comment period: November 1, 2024-December 16, 2024
- Expected adoption: These regulations are expected to be adopted and take effect on October 1, 2025
Mobile and Referral Automotive Repair Dealers
This regulatory proposal:
- Clarifies the definition of “mobile automotive repair.”
- Adds a geographical radius for when automotive repair is to be considered mobile in relation to where the repair is performed.
- Adds that a person or entity is considered to be an automotive repair dealer if that person or entity collects compensation for automotive repair services that are referred or sublet to another person or entity to perform.
Status:
- Public comment period: March 28-May 12, 2025
- Expected adoption: These regulations are expected to be adopted and take effect on October 1, 2025
Storage Fees Charged by Automotive Repair Dealers
This regulatory proposal:
- Brings together existing laws governing storage and towing fees from the business and professions, civil, insurance, and vehicle codes under one unified regulatory section.
- Establishes that fees charged for the storage of a motor vehicle shall be reasonable.
- Determines when storage fees may be charged and where a vehicle may be stored.
- Requires that an ARD provide an itemized invoice for storage fees when charged.
- Requires that an ARD that provides storage services post their current daily storage fee rate in an area frequented by customers and provide the Bureau with their daily storage rate annually when renewing their registration.
- Requires that an ARD that provides towing services display the Towing and Storage Fees Access Notice in an area of the business facility, in plain view of the public and have copies available to the public.
- Creates a search tool on BAR’s website showing average and median daily storage rates for a given locale based on the maximum daily storage rates reported by ARDs.
- Defines a “locale” as one of four geographic areas around each reporting ARD that is sufficient to identify average and median storage rates.
Status: Workshops to discuss the regulations were held on April 25, 2024, July 18, 2024, October 17, 2024, and January 30, 2025. BAR is working with the Department of Consumer Affairs Legal Division for approval to submit the proposal to the Business, Consumer Services, and Housing Agency.